Claimant v Birdhaus Restaurants Limited
Outcome
Individual claims
The tribunal found the respondent made unauthorised deductions totalling £817.66 from the claimant's wages. The respondent did not attend to contest the claim or provide justification for the deductions.
The tribunal found the respondent failed to pay accrued but untaken annual leave on termination, constituting an unauthorised deduction. The claimant was entitled to £398.17 representing the gross holiday pay owed.
The claimant withdrew their claim for notice pay during the hearing.
Facts
Miss Uddin brought claims against her former employer Birdhaus Restaurants Limited relating to unauthorised wage deductions, unpaid holiday pay, and notice pay. The claimant was not provided with a written employment contract. Her weekly gross pay was £294.81. The respondent did not attend the hearing to defend the claims.
Decision
The tribunal found in favour of the claimant on her claims for unauthorised deduction of wages (£817.66) and holiday pay (£398.17). The tribunal also awarded additional compensation of two weeks' pay (£589.62) for the respondent's failure to provide a written contract under section 38 Employment Act 2002. The notice pay claim was withdrawn.
Practical note
Employers who fail to attend tribunal hearings risk default judgments on unpaid wages claims, and face additional statutory penalties for failure to provide written contracts under the Employment Act 2002.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6014554/2024
- Decision date
- 1 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No